Legal Opinion

Manning v. North

Texas Court of Appeals, 7th District (Amarillo)

Decided June 26, 2002No. 07-01-0359-CVPublishedCited by 39 opinions

1Opinion of the Court

JOHN T. BOYD, Chief Justice.

This appeal is engendered by the trial court’s dismissal of the suit appellants Joyce and Dan Manning filed against ap-pellee Ronald J. North, M.D. In asserting their challenge, appellants present three issues for our decision. Those three issues are: 1) if the “conscious indifference” standard of Rule of Civil Procedure 165a(3) applies, did the district court abuse its discretion in dismissing the case and in refusing to reinstate when the Mannings showed more than “some excuse” in failing to promptly proceed, 2) if the “due diligence” standard applies, by…

2Cases cited18 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  3. Villarreal v. San Antonio Truck & EquipmentTexas Supreme Court · 1999
  4. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  5. General Electric Co. v. Falcon Ridge Apartments, Joint VentureTexas Supreme Court · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Dueitt v. Arrowhead Lakes Property Owners, Inc., Texas Court of Appeals, 10th District (Waco)2005
  2. Finlan v. Peavy, Texas Court of Appeals, 10th District (Waco)2006
  3. Binner v. Limestone County, Texas Court of Appeals, 10th District (Waco)2004
  4. Steward v. Colonial Casualty Insurance Co., Texas Court of Appeals, 10th District (Waco)2004
  5. Wood v. Walker, Texas Court of Appeals, 7th District (Amarillo)2007

34 more not listed; retrieve them via the Exa API.

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